OFC. COSNER #526 WAS TRAVELING SOUTHBOUND ON PINE TREE DRIVE AND OBSERVED TWO LAMBORGINIS
(ONE YELLOW AND ONE RED) NORTHBOUND IN THE 2600 BLOCK OF PINE TREE DRIVE. OFC. COSNER STATES THAT HE OBSERVED TWO BLACK SUV'S BEHIND BOTH VEHICLES AS IF TO STOP TRAFFIC GOING
NORTHBOUND. THIS FACILITATED AN OPEN ROAD FOR THE TWO LAMBORGINIS TO RACE.

OFC. COSNER
THEN MADEAU-TURN AND BEGAN TRAVELING NORTHBOUND TO CATCH UP TO THE VEHICLES. OFC.
COSNER OBSERVED BOTH VEHICLES START A CONTEST OF SPEED (DRAG RACING) FROM A START . OFC.
COSNER ESTIMATES THAT BOTH VEHICLES ATTAINED AN APPROXIMATE SPEED OF ABOUT 55-60 MPH. THE
SPEED LIMIT IN THIS RESIDENTIAL AREA IS 30 MPH. OFC. COSNER VIA HIS RADIO ADVISED OTHER UNITS OF
THE SPEEDING VEHICLES. I WAS AT 41ST AND PINETREE WHEN THE RADIO TRANSMISSION WAS MADE. I
OBSERVED BOTH VEHICLES APPROACHING 41ST STREET. OFC. COSNER INITIATED A TRAFFIC STOP ON THE
RED FERRARI AT 41ST AND PINETREE DR. THE YELLOW LAMBORGINI MADE A RIGHT TURN ONTO 41 ST AND CONTINUED EAST BOUND.

I CAUGHT UP TO THE YELLOW LAMBORGINI AND INITIATED A TRAFFIC STOP
AT THE 300 BLK OF 41ST. I APPROACHED THE VEHICLE ON THE DRIVER SIDE. I ASKED THE DRIVER TO
PLACE THE VEHICLE IN PARK. AT THIS TIME, THE DRIVER. BEGAN TO STATE:"WHY DID YOU STOP ME".

I
EXPLAINED TO THE DRIVER THAT HE WAS STOPPED BECAUSE HE WAS DRAG RACING WITH THE OTHER
LAMBORGINI. I IMMEDIATELY SMELLED AN ODOR OF ALCOHOL EMINATING FROM THE DRIVERS BREATH
AND BLOODSHOT EYES. THE DRIVER HAD SLOW DELIBERATE MOVEMENTS AND A STUPER LOOK ON HIS
FACE. THESE ARE ALL INDICATORS OF AN IMPAIRED DRIVER. I ASKED THE DRIVER TO EXIT THE VEHICLE
TO CONTINUE MY INVESTIGATION OF A POSSIBLE IMPAIRED DRIVER. THE DRIVER STATED:" WHY THE
FUCK ARE YOU DOING THIS"?

FINALLY, THE DRIVER EXITED THE VEHICLE AS HE KEPT GOING INTO HIS
PANTS POCKETS. I ASKED THE DRIVER TO NOT GO INTO HIS POCKETS FOR MY SAFETY AND HIS.
FEARING THAT THE DRIVER MIGHT HAVE A WEAPON OR CONTRABAND, I ASKED THE DRIVER TO PLACE
HIS HANDS ON HIS VEHICLE IN ORDER TO FACILITATE A CURSORY PATDOWN FOR WEAPONS. THE
DRIVER STATED:"WHAT THE FUCK DID I DO, WHY DID YOU STOP ME."

AGAIN I ASKED THE DRIVER TO
PLACE HIS HANDS ON HIS VEHICLE. THE DRIVER COMPLIED BUT TOOK HIS HANDS OFF THE VEHICLE
SOON AFTER AND TURNED AROUND TO FACE ME. AGAIN I ASKED THE DRIVER TO NOT TAKE HIS HANDS
OFF HIS CAR AND TO LOOK FORWARD BECAUSE I WAS GOING TO PERFORM A CURSORY PATDOWN. THE
DRIVER STATED:"I AINT GOT NO FUCKING WEAPONS, WHY DO YOU HAVE TO SEARCH ME,WHAT THE
FUCK IS THIS ABOUT?"

I ADVISED THE DRIVER THAT IF HE CONTINUED TO TAKE HIS HANDS OFF HIS
VEHICLE, HE WOULD BE SUBJECT TO ARREST. THE DRIVER AGAIN TURNED AROUND TO FACE ME. AT
THIS TIME, I GRABBED HIS RIGHT HAND AND STATED TO HIM THAT HE WAS UNDER ARREST. THE
DRIVER BEGAN TO RESIST ME BY PULLING HIS RIGHT ARM AWAY AS HE STATED:"WHAT THE FUCK ARE
YOU DOING".

I ADVISED THE DRIVER NOT TO RESIST AND WITH THE ASSISTANCE OF OFC. MOLINA ID#
064 AND OFC. SOCARRAS#501 , WE PLACED HIM INTO CUSTODY WITH NO FURTHER INCIDENT. THE DEF.WAS TRANSPORTED TO THE MIAMI BEACH POLICE DEPARTMENT BY
OFFICER DIONNE. WHILE EN ROUTE TO THE STATION, DEF INQUIRED AS TO WHY HE'D BEEN ARRESTED.
OFFICER DIONNE ADVISED HIM THAT HE BELIEVED HE WAS IMPAIRED. DEF ADVISED THAT HE WAS NOT
DRUNK, AND THAT HE WAS COMING BACK FROM RECORDING MUSIC AT A STUDIO.

ONCE AT THE MBPD
HOLDING FACILITY, OFFICER DIONNE OBSERVED DEF TO HAVE A FLUSHED FACE, BLOODSHOT EYES, AND THE ODOR OF AN ALC. BEV. ON HIS BREATH. DEF WAS OFFERED SFSTs ON A FLAT, DRY, SMOOTH, AND
WELL LIT SURFACE (SEE DUI TEST REPORT FOR RESULTS). DEF DID NOT PERFORM TO STANDARDS. DEF
LATER AGREED TO A BREATH TEST AS WELL AS A DRUG EVALUATION. IT WAS ALSO LEARNED THAT THE
DEF. HAS AN EXPIRED GEORGIA DRIVERS LICENSE (06/24/2013). CHARGE ADDED.